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From "William A. Rowe, Jr." <>
Subject Re: Check of project name for trademark issues
Date Tue, 12 Jun 2007 16:22:13 GMT
Niclas Hedhman wrote:
>> However we aren't likely to waste time/money fighting over a patent where
>> we clearly infringed in the first place, so registering Apache Illustrator
>> (to borrow your example) is sort of pointless.  We would be likely to lose
>> on ambiguity and similarity, so why fight such a battle?
> Patent? I assume you mean trademark... 

Yes :)

> I wasn't speculating in registering a 
> Apache Illustrator (which I presume the USPTO would decline), but arrogantly 
> starting such project, for instance (my speculation based on) 
> because "Illustrator" is not a registered mark since it wasn't unique enough 
> for Adobe (or was it Aldus) to do so, and hence Adobe (in my hypothetical 
> example) would be upset... Perhaps a less harsh example should have been 
> created to illustrate...

Exactly ... that's where our pro bono legal help, and legal budget kick in.
It's much more cost effective to have a lawyer spend 60 minutes to say
"don't bother to defend that, surrender it" or say "yup - this looks quite
defendable" and escalate to a formal C&D, than to begin the discussion
about a suit without information.  If it ever comes to that...

Remember simply having an open source project sue some company who won't
"play nice" is far more powerful than the lawsuit itself.  It's something
we aren't keen to do, but when/if it came to that...


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